993 F.

2d 1536

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Evans Lee GORDON, Plaintiff-Appellant,
v.
UNITED STATES of America; Craig S. Cooley, In his
individual and official capacity; Roscoe Howard,
In his individual and official capacity,
Defendants-Appellees.
No. 93-6050.

United States Court of Appeals,

Fourth Circuit.
Submitted: May 3, 1993
Decided: May 27, 1993

Appeal from the United States District Court for the Eastern District of
Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-92-594)
Evans Lee Gordon, Appellant Pro Se.
Debra Jean Prillaman, Assistant United States Attorney, Richmond,
Virginia; Craig S. Cooley, Brown, Barry & Cooley, Richmond, Virginia,
for Appellees.
E.D.Va.
DISMISSED.
Before RUSSELL and HALL, Circuit Judges, and SPROUSE, Senior
Circuit Judge.
PER CURIAM:

OPINION
1

Evans Lee Gordon appeals from the district court order denying his motion to
strike Defendant Roscoe Howard's Motion to Dismiss and Answer. We dismiss
the appeal for lack of jurisdiction because the order is not appealable. This
Court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (1988),
and certain interlocutory and collateral orders, 28 U.S.C. 1292 (1988); Fed. R.
Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The
order here appealed is neither a final order nor an appealable interlocutory or
collateral order.

We dismiss the appeal as interlocutory. We dispense with oral argument

because the facts and legal contentions are adequately presented in the
materials before the Court and argument would not aid the decisional process.
DISMISSED